901-5-07
Reporting society finances and hearing procedures for withholding funds by the department.

(A)
Each
agricultural society shall include in the report to the director of agriculture
required by section 901.06 of the Revised Code, on
forms provided by the director, and following accounting rules entitled
"Financial Reporting and Accounting; County Agricultural Societies and
Independent Agricultural Societies" promulgated by the auditor of state
pursuant to section 117.20 of the Revised Code and
adopted by the director of agriculture:

(1)
A
summary of the receipts and expenditures of the society during the period
covered by the report;

(2)
A
newspaper clipping, properly certified under oath, of the published abstract of
its accounts required by section
1711.05 of the Revised Code;

(3)
A report of exhibits, premiums paid, and other
expenses of the junior fair division;

(7)
A voided season
ticket for the fair if the society uses such tickets.

(B)
Each agricultural society shall submit a
copy of the annual premium list for the fair held by the society during the
period covered by the report required by section
901.06 of the Revised Code, with
or prior to submission of the report.

(C)
A majority of the board of directors of
each agricultural society shall approve, and the secretary or
secretary-treasurer of each agricultural society shall sign and swear to the
accuracy of the report of their society, before it is submitted to the
director.

(D)
Each agricultural
society shall make its books, accounts, reports, etc., available for inspection
by the director or any authorized representative of the director.

(E)
If the director determines that an
agricultural society has violated any law or rule administered by the
department, he may refuse to issue a certificate to the board of county
commissioners or the county auditor, or an order to the auditor of state,
authorizing the payment of county or state funds to the agricultural society.

(1)
If the director finds that he should
withhold his certificate or order for county or state funds, he may, prior to a
hearing conducted in accordance with Chapter 119. of the Revised Code, order
that the violating agricultural society rectify its violation in a manner and
time specified in the order. If the society rectifies its violation to the
satisfaction of the director within the time set, the director may then issue a
certificate or order for the payment of county or state funds.

(2)
If the director believes he should refuse
to issue his certificate or order for one or more years, he shall hold a
hearing for such agricultural society in accordance with Chapter 119. of the
Revised Code. His letter notifying the agricultural society of such a hearing
shall state in which year(s) the violation(s) occurred and for which or how
many years refusal to issue is contemplated.

(3)
Following a hearing conducted in
accordance with Chapter 119. of the Revised Code the director may:

(a)
Order the agricultural society to rectify
its violation in a manner and time specified in the order. If the society
rectifies its violation to the satisfaction of the director, the director may
then issue a certificate or order for the payment of county or state funds;

(b)
Refuse to issue certificates
or orders for payment of county or state funds for as many years as he deems
appropriate. He shall specify in his order the year(s) for which he will refuse
to issue such certificates or orders. If more than one year is specified, the
director may at any time modify his order so that it does not include later
years.

(F)
Any citizen may file a sworn complaint with the director concerning any
agricultural society which operates in the county or district in which he
resides. Such complaint shall state:

(1)
Facts which constitute a violation on the part of the agricultural society of a
law or rule administered by the department;

(G)
If the director receives a citizen's complaint, and if it appears to be
well-founded, he may conduct an investigation to establish the validity of the
complaint. The director may hold an informal hearing, and specify the rules
under which each such informal hearing is conducted, to allow the complainant
to present evidence that the violation he alleges did occur.